Howard et al v. T.C. Multifoods, Inc. et al, No. 2:2009cv00191 - Document 12 (M.D. Fla. 2009)
Court Description: OPINION AND ORDER granting 7 Motion to Approve Settlement and the Settlement Agreement and Release of Claims is approved as fair and reasonable; adopting 11 Report and Recommendations. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions as moot, and close the file. Signed by Judge John E. Steele on 6/8/2009. (RKM)
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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MICHAEL HOWARD on behalf of Brittany Howard; ALEJANDRO HOWARD on behalf of Brittany Howard, Plaintiffs, vs. Case No. 2:09-cv-191-FtM-29SPC T.C. MULTIFOODS, INC. doing business as Wetzel's Pretzels, LLC; KENNETH J. CRAMER an individual, Defendants. ___________________________________ OPINION AND ORDER This matter is before the Court on consideration of the Magistrate Judge s Report and Recommendation (Doc. #11), filed May 15, 2009, recommending that plaintiffs Motion to Review and Approve FLSA Settlement and Dismiss Action With Prejudice (Doc. #7) be granted and the case dismissed. No objections have been filed and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge s report and recommendation. 636(b)(1); 28 U.S.C. § Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff d, 28 F.3d 116 (11th Cir. 1994) (Table). After conducting an independent examination of the file and upon due consideration of the Report and Recommendation, the Court accepts the Report and Recommendation of the magistrate judge and approves the settlement as fair and reasonable. Accordingly, it is now ORDERED: 1. The Report and Recommendation (Doc. #11) is hereby adopted. 2. Plaintiffs Motion to Review and Approve FLSA Settlement and Dismiss Action With Prejudice (Doc. #7) is GRANTED and the Settlement Agreement and Release of Claims (Doc. #9-2) is approved as fair and reasonable. 3. The Clerk shall enter judgment dismissing the case with prejudice, terminate all deadlines and motions as moot, and close the file. DONE AND ORDERED at Fort Myers, Florida, this June, 2009. -2- 8th day of Copies: Hon. Sheri Polster Chappell United States Magistrate Judge Counsel of Record Unrepresented parties -3-
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